Thursday, June 28, 2012

Israeli war state and Palestinian children

"On  the  basis  solely  of  legal  differentials,  we  have  concluded  that  Israel  is  in  breach  of  articles 2 (discrimination), 3 (child’s best interests), 37(b) (premature resort to detention), (c) (non-separation from adults), (d) (prompt access to lawyers), and 40 (use of shackles) of the UNCRC. Transportation of child prisoners into Israel is in breach of article 76 of the Fourth Geneva Convention. Failure to translate Military Order 1676 from Hebrew is a violation of article 65 of the same convention. 
If the manner of arrest and detention is to any significant extent that which was described to  us by the UN, Israeli and Palestinian NGOs, former Israeli soldiers and Palestinian children,Israel will also be in breach of the prohibition on cruel, inhuman or degrading treatment in article 37(a) of the UNCRC.  
With regard to what is set out in paragraph 101 of our report, we record our view that to hold children routinely and for substantial periods in solitary confinement would, if it occurred, be capable of amounting to torture in breach not only of article 37(a) but also of other well-known international instruments.’ (thanks Shih-Yu)